One thing that surprises many foreigners in Korea:
In Korean divorce law, property division and compensation for wrongdoing are generally treated as separate issues.
I’m a Korean lawyer currently practicing civil, criminal and family law and here is my perspective.
A common misunderstanding is:
“My spouse cheated, so I automatically get most of the assets.”
Not necessarily.
In Korea, there are generally two separate issues:
① Property division (재산분할)
→ Based mainly on each spouse’s contribution to building and maintaining marital assets.
② Compensation for emotional harm (위자료)
→ Intended to compensate harm arising from conduct that contributed to the breakdown of the marriage (such as infidelity in some cases).
So it is possible that someone may:
• receive a significant share of marital assets even if they were at fault, or
• receive compensation but not necessarily a larger share of the assets.
Another thing that surprises people:
Korean courts often place more weight on financial contribution, length of marriage, childcare, and homemaking than many people expect.
submitted by /u/Korean_Lawyer_Rachel
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